Bengaluru: In a relief for BC Venugopal, principal of Bagalagunte Govt High School, Nagasandra, the high court quashed proceedings against him registered under Section 2 of Prevention of Insults to National Honours Act, 1971.Activist BM Chikkanna had filed a complaint in Oct 2024, alleging that Venugopal was depicted standing with his slippers on the national flag in his WhatsApp status uploaded during Gandhi Jayanti celebrations.Challenging the proceedings, Venugopal claimed his mobile phone was with his students, and they had edited his picture and placed it above the national flag. According to Venugopal, he had no intention to insult the flag nor had any knowledge about what was being circulated by the students.He told the court since he is a very strict teacher, students didn’t like him and edited his image to embarrass him.On the other hand, additional state public prosecutor BN Jagadeesha submitted that even if students edited and posted the image, the case must be investigated. Justice M Nagaprasanna pointed out that every high court that interpreted Section 2 of Prevention of Insults to National Honours Act clearly held that lack of mens rea would necessarily lead to quashing of proceedings for an offence under the section, as the word employed is ‘intentional’.If the two photos are seen in juxtaposition, it becomes clear that a picture of the petitioner taken elsewhere was edited and placed on the national flag. It ostensibly could not be by the teacher himself but, as admitted, by the students. The petitioner also gave a plausible explanation for the students doing so, the judge added.Even otherwise, there are no antecedents of Venugopal that would entail investigation in the case at hand. He is the school principal for the last 7-8 years and did not face an incident of the kind that is now being projected, the judge added.
